Legal experts explain why Alabama freshman Brandon Miller wasn't charged in deadly shooting
News flooded out of Tuscaloosa on Tuesday with the latest update on the Darius Miles capital murder case. Alabama star Brandon Miller has seen his name pop up but no charges have been made. Head coach Nate Oats commented on the situation as well, stating Miller is not in any kind of trouble.
A legal expert has weighed in on the situation, explaining why there have been no charges attached to Miller’s name. Jay Town said the Tuscaloosa DA made the correct decision, saying there was no “unlawful purpose” from Miller in bringing the eventual murder weapon back to Miles.
“Based on what we know, the declination by the Tuscaloosa DA is correct and Miller should not be charged,’’ Town, a former U.S. Attorney and prosecutor in Madison County, said via AL.com. “It doesn’t appear evidence exists that Miller knew that transferring the firearm was for an unlawful purpose, hindsight notwithstanding.
“Therefore, no (conspiracy or aiding and abetting) would apply. It doesn’t seem there is a federal theory of prosecution either.”
Defense lawyer says Brandon Miller would have had to show intent to receive charges
Tommy Spina, a defense attorney from Birmingham, gave his thoughts on the matter as well. “Intent” is the word he used, saying if Miller was going to be charged, he would show it. Since none was found during the investigation, Miller will not face the same charges as Miles and Michael Davis.
“There’s not much dispute about the fact that the act occurred,” Spina said. “From what I know, intent, in this case, on the other hand, would have to be shown by circumstantial evidence.
“Prosecutorial decisions are discretionary with law enforcement and prosecutors. It has been said that criminal law is an ‘island of technicalities in a sea of discretion.’”
The gun used to murder Jamea Harris was in Miller’s car during the early morning of the incident. Miles asked Miller to return the weapon to him, where the former Alabama player told Davis the gun was loaded. Shots were then fired in the direction of the victim’s car.
Alabama to resume SEC play, face off against South Carolina
Alabama does have a game to play on Wednesday night, traveling to face off against South Carolina. At the time of posting, Miller is expected to suit up and play against the Gamecocks. He has arguably been the best freshman in college basketball this season and is on his way to being named a first-team All-American.